USPTO Patents Application 10698934

Application No.

Applicant(s)

Notice of Allowability

1A/CQD QOyl

iu/oyo,yo4

TAKAHASHI ETAL

Examiner

Art Unit

Nathan M. Nutter

1796

- The MAILING DATE of this communication appears on the cover sheet with the correspondence address-
All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course, THIS
NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.

1 . [3 This communication is responsive to 24 October 2007 .

2. ^ The allowed claim(s) is/are 1.3.4 and 6-10 .

3. □ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 1 9(a)-(d) or (f).

a) □ All b) □ Some* c) □ None of the:

1. □ Certified copies of the priority documents have been received.

2. □ Certified copies of the priority documents have been received in Application No. .

3. □ Copies of the certified copies of the priority documents have been received in this national stage application from the

International Bureau (PCT Rule 17.2(a)).
* Certified copies not received: .

Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
noted below. Failure to timely comply will result in ABANDONMENT of this application.
THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.

4. □ A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF

INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.

5. □ CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.

(a) □ including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached

1) □ hereto or 2) □ to Paper No./Mail Date .

(b) □ including changes required by the attached Examiner's Amendment / Comment or in the Office action of

Paper No./Mail Date .

Identifying indicia such as the application number (see 37 CFR 1 .84(c)) should be written on the drawings in the front (not the back) of
each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).

6. □ DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the

attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL

Attachment(s)

1. □ Notice of References Cited (PTO-892)

2. □ Notice of Draftperson's Patent Drawing Review (PTO-948)

3. □ Information Disclosure Statements (PTO/SB/08),

Paper No./Mail Date

4. □ Examiner's Comment Regarding Requirement for Deposit

of Biological Material

5. □ Notice of Informal Patent Application

6. □ Interview Summary (PTO-413),

Paper No./Mail Date .

7. □ Examiner's Amendment/Comment

8. M Examiner's Statement of Reasons for Allowance

9. □ Other .

U.S. Patent and Trademark Office
PTOL-37 (Rev. 08-06)

Notice of Allowability

Part of Paper No./Mail Date 20071 125

Application/Control Number: Page 2

10/698,934

Art Unit: 1796

REASONS FOR ALLOWANCE

The following is an examiner's statement of reasons for allowance: no prior art
has been found that either teaches or fairly suggests the production of an aliphatic
polyester composition comprising (A) 100 parts by weight of aliphatic polyester, (B) 0.01
to 10 parts by weight ofa carbodiimide compound, and (C) 0.01 to 10 parts by weight of
at least one compound selected from the group consisting of benzotriazole-, triazine-
and hydroxylamine-based compounds, or a method for controlling a biodegradation rate
of an aliphatic polyester, wherein the polyester (A) is compounded with a carbodiimide
compound (B) and at least one compound (C) selected from the group consisting of
benzotriazole-, triazine- and hydroxylamine-based compounds to adjust its
biodegradability, wherein said biodegradation rate is controlled by altering proportions of
said carbodiimide compound (B) and said at least one compound (C) selected from
the group consisting of benzotriazole-, triazine- and hydroxylamine-based compounds.
The references to Murschall et al (US 6,855,758) and Murschall et al (US
2003/0091843) show conjunctive use of a carbodiimide with UV stabilizers in aromatic
polyester compositions. Applicants have submitted a Declaration under 37 C.F.R. 1.132
by lida of 26 February 2007 establishing that "the mere combination of benzotriazole
and carbodiimide ((B) + (C)) which results in the improvement of hydrolysis resistance.
Although (B) + (C) are known to be used in conjunction with aromatic polyesters, it
would not have been obvious to use (B) + (C) in conjunction with aliphatic polyesters."
Further, the Terminal Disclaimer of 5 October 2007 removes the ground of rejection
over application US 2003/0091842, now US Patent No.7,129,190. The other provisional

Application/Control Number: Page 3

10/698,934

Art Unit: 1796

rejections of obviousness type double patenting over SN 1 1/172,904 is removed since
that application has become abandoned, since there are no other outstanding issues
with regard to the clarity or enablement of the claims, these claims are deemed to
contain allowable subject matter.

Any comments considered necessary by applicant must be submitted no later
than the payment of the issue fee and, to avoid processing delays, should preferably
accompany the issue fee. Such submissions should be clearly labeled "Comments on
Statement of Reasons for Allowance."

Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Nathan M. Nutter whose telephone number is 571-272-
1076. The examiner can normally be reached on 9:30 a.m.-6:00 p.m..

If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, James J. Seidleck can be reached on 571-272-1078. The fax phone
number for the organization where this application or proceeding is assigned is 571-
273-8300.

•

Application/Control Number: Page 4

10/698,934

Art Unit: 1796

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lutter
Primary Examiner
Art Unit 1796

nmn

25 November 2007